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By Law Journal Editorial Board | May 25, 2018
Historically states' rights was often viewed as the last resort of racists and other obscurantists to resist a progressive federal government. But political alignments change, and the 10th Amendment turns out to have uses perhaps undreamed of 20 years ago.
1 minute read
By Marcia Coyle | May 25, 2018
There may be another way: "non-mutual offensive collateral estoppel." The concept is fairly established in the law, but it has not been used much. And judges and arbitrators have broad discretion whether to apply it in any given case.
1 minute read
By Michael D. Schottland | May 25, 2018
OP-ED: Analyzing the SCOTUS decision on PASPA, the Professional and Amateur Sports Protection Act of 1992.
1 minute read
By Amanda Bronstad | May 24, 2018
The U.S. solicitor general has asked the U.S. Supreme Court to review a case that addresses one of the most significant federal pre-emption issues for brand drug companies since Wyeth v. Levine.
1 minute read
By Jonathan Ringel | May 24, 2018
Amid a world war against fascist governments, the Barnette court held that the First Amendment meant the government couldn't force people to say something against their will.
1 minute read
By Tony Mauro | May 24, 2018
Early criticism of Justice Neil Gorsuch's writing style seems to be waning, but don't get any ideas that he has changed to please the pundits.
1 minute read
By Marcia Coyle | May 23, 2018
Noel Francisco, the U.S. solicitor general, told the justices that questions surrounding judges' use of social media “would benefit from further development in the lower courts” before the Supreme Court takes up a case raising these issues.
1 minute read
By Marcia Coyle | May 23, 2018
Noel Francisco, the U.S. solicitor general, told the justices that questions surrounding judges' use of social media “would benefit from further development in the lower courts” before the Supreme Court takes up a case raising these issues.
1 minute read
By Marcia Coyle | May 23, 2018
Noel Francisco, the U.S. solicitor general, told the justices that questions surrounding judges' use of social media “would benefit from further development in the lower courts” before the Supreme Court takes up a case raising these issues.
1 minute read
By Marcia Coyle | May 23, 2018
U.S. solicitor general Noel Francisco told Supreme Court justices that questions surrounding judges' use of social media 'would benefit from further development in the lower courts.'
1 minute read
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